Appeal a Denied VA Claim in Charlotte, NC
Providing Aggressive Legal Help to Veterans Appealing VA Decisions in the Pursuit of the Benefits They Deserve
Many veterans across the country come back from active duty with service-connected conditions that affect their ability to financially support themselves with gainful employment or even take care of themselves in daily life. In such cases, disabled veterans can seek disability benefits from the Department of Veterans Affairs (VA). The VA carefully reviews every application for benefits and, unfortunately, often denies claims for one of several reasons.
If you are a military veteran or other service member with severe injuries or illnesses related to service connection, active duty, or training, our law firm is here to represent your interests in the initial application process or when it comes time to submit an appeal. The appeals process when the VA denies benefits can be long and complicated, and our lawyers and support staff have extensive experience representing clients in complex cases, making us well-equipped to help you with your claim. Additionally, if the VA rating is unsatisfactory, we can help you submit a new claim with updated medical records about your current disability in hopes of securing more substantial compensation.
Our Charlotte law firm serves clients throughout the Carolinas in these and other disability benefits-related practice areas. We offer consultations to prospective new clients interested in learning the advantages of our compassionate and aggressive legal representation. Additionally, we provide our services with no upfront costs, operating on a contingency fee basis, meaning that you only pay us legal fees when we secure a favorable resolution to your case. To get started appealing the decision made against your original claim and secure the VA benefits you deserve, please contact us to schedule your case evaluation today.
Why Are Some VA Disability Claims Denied?
The application process can take a long time. When applicants receive the VA’s decision letter denying benefits for their initial claim, it can be incredibly disheartening. There are several reasons why the VA denies some claims for benefits, and it’s worth understanding the factors that go into their decision-making before filing an appeal.
Some of the common reasons for VA denials include the following:
- Missing deadlines during the submission of your initial application. There are strict deadlines that enforce whether you meet the requirements to receive VA benefits, and missing these deadlines could result in a denial notice.
- When submitting your application, you must complete all required forms and provide all required documents. Failure to complete your paperwork as needed could result in your claim being denied.
- The VA determines whether to supply benefits to applicants based on several factors, including medical evidence. If you do not present efficient evidence, such as past and present medical records, it could result in a denial of benefits.
- Those hoping to receive VA disability benefits must have a service-related disability. If a review determines that your condition is not related to service or was not somehow aggravated by your service duties, the VA may not provide the benefits you’re seeking.
- Even if you suffered from an injury or illness during service, the VA requires evidence of a current diagnosis of your disability, which can include recent medical documents showing how the impairment affects your daily life.
- Sometimes, the Department of Veterans Affairs makes errors when reviewing medical records, documents, and other evidence submitted by applicants. If the VA makes a mistake, it sometimes results in a denial of benefits.
What is the VA Appeals Process?
When the VA comes back with a decision on your disability claim that’s not in your favor, you have the right to disagree with the decision. The appeals process begins by submitting your notice of disagreement, which is a written statement to the VA explaining why you wish to appeal their decision-making.
Upon receiving your notice of disagreement, the VA sends you a statement of the case, a document that explains the evidence, relevant laws, and regulations used to decide your claim. The next step is for you to file the necessary forms to begin the appeals process. It is at this stage that we must strongly recommend you seek professional legal guidance from experienced attorneys.
Next, you and your legal representatives will explore all options for appealing the VA’s decision, including submitting new evidence, requesting a veterans’ law judge review, and more. Appealing an unfavorable VA decision is a long process, and we recommend that you begin as soon as possible upon receiving your denial of benefits.
How to File Appeals for Denied VA Claims in North Carolina?
Don’t despair if you receive a denial letter in the mail. You have the right to challenge the decision made by the VA through a series of appeal opportunities.
As your VA-accredited representatives, we will keep you up to date and help you make the most informed decisions about your case, including which appeal path offers the most likely chance of a satisfactory outcome.
Potential paths for a more favorable resolution to your case include the following:
Higher-Level Reviews
You can request a senior VA adjudicator review your original application. In a higher-level review, you do not submit additional evidence, and the original claim is reviewed as submitted. A higher-level review may be the most opportune pathway for a favorable outcome if you believe that your claim was entirely valid and that there was an obvious mistake made in evaluating your evidence.
Supplemental Claims
Those who have new and relevant evidence related to your disability claim can submit that evidence via a supplemental claim. As your attorneys, we will help gather evidence that supports your claim during this stage. Evidence that could be used to strengthen your claim for disability compensation can include buddy statements from fellow service members, updated medical records about your current diagnosis, and opinions from experts.
Board of Veterans’ Appeals (BVA)
Another option is to appeal directly to the BVA and have veteran law judges review your case. This hearing can unfold either in person or online. We strongly encourage you to have professional legal representation in your corner to help you prepare for the hearing with the judge.
Appeals to the U.S. Court of Appeals for Veterans Claims (CAVC)
If the BVA does not rule in your favor, your case could be taken to the U.S. Court of Appeals for Veterans Claims. As with every other stage of the appeals process, we must strongly recommend that you only proceed with dedicated legal assistance at your side.
How to Appeal Your Effective Date?
Your VA disability claims’ effective date is crucial to your case because it determines the amount of disability compensation you stand to recover. The earlier the effective date, the more substantial your retroactive disability benefits can be.
If the VA provides you with the incorrect effective date, you stand to lose a great deal of disability compensation. Our lawyers have extensive experience representing clients in complex cases like these and can help you recover the VA compensation you are owed.
In most cases, disabled veterans appeal effective dates by utilizing the higher-level review path. However, if the VA continues to deny your appeal, our Charlotte attorneys will explore other options, including appealing to the Board of Veterans’ Appeals.
Can Our VA Accredited Attorneys Help You Obtain a Better Disability Rating?
Whether you need the VA to increase your disability rating or you believe that the rating was too low from the start, our Charlotte lawyers stand ready to represent your interests and help you recover the compensation you deserve.
You must take timely action if you hope to achieve a better disability rating in your case. Contact our law firm today to schedule your consultation with our legal team and begin the process.
Schedule Your Consultation with Our Experienced VA Disability Law Attorneys Today
If your claim was denied, our lawyers will explore all options to help you get the VA disability benefits you are owed through the appeals process.
Our attorneys have extensive experience representing clients in these related practice areas, making us highly qualified legal representatives who can defend your interests and support your pursuits.
To begin the appeals process, please get in touch with our law firm to schedule your consultation with our Charlotte attorneys and legal staff today. You can reach us at 704-385-5281.